Passed on March 23, 1933, by the German Reichstag, the Enabling Act gave Adolf Hitler and his cabinet the authority to enact laws without the consent of the Reichstag or the president. This effectively eliminated the separation of powers and established a dictatorship.
Key provisions of the Enabling Act:
- Allowed the government to enact laws without the approval of the Reichstag
- Gave the government the power to deviate from the constitution
- Allowed the government to conclude treaties with foreign countries without the approval of the Reichstag
- Allowed the government to take any measures necessary to ensure public safety and order
The Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001)
Enacted in the United States on October 26, 2001, in the wake of the 9/11 terrorist attacks, the Patriot Act significantly expanded the government's surveillance and investigative powers.
Key provisions of the Patriot Act:
- Expanded the government's ability to conduct surveillance on individuals suspected of terrorism
- Allowed the government to search phone records, emails, and other electronic communications without a warrant
- Made it easier for the government to detain and deport immigrants suspected of terrorism
- Increased penalties for certain terrorism-related offenses
Comparison between the Enabling Act and the Patriot Act:
Both the Enabling Act and the Patriot Act were passed in times of crisis and gave the government broad powers to address threats to national security.
However, there are also significant differences between the two laws. The Enabling Act gave Hitler and his government essentially unlimited power, while the Patriot Act contains some safeguards to protect civil liberties. For example, the Patriot Act requires the government to obtain a warrant before conducting most searches and surveillance.
Additionally, the Patriot Act is subject to judicial review, meaning that the courts can strike down provisions that are found to be unconstitutional. In contrast, the Enabling Act was not subject to judicial review, and Hitler's government could enact any laws it wanted without fear of being challenged in court.
Overall, the Enabling Act was a much more sweeping and dangerous law than the Patriot Act. It allowed Hitler to establish a dictatorship and paved the way for the Nazi atrocities of World War II. The Patriot Act, while problematic in some respects, does not pose the same level of threat to civil liberties.